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Arkansas Laws & Penalties
| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Less than 4 oz (first offense) | Misdemeanor | 1 year or less | $ 2,500 |
| 1 - less than 4 oz (subsequent offense) | Felony | 6 years or less | $ 10,000 |
| 4 oz - less than 10 lbs | Felony | 6 years or less | $ 10,000 |
| 10 - less than 25 lbs | Felony | 3* - 10 years | $ 10,000 |
| 25 - less than 100 lbs | Felony | 5* - 20 years | $ 15,000 |
| 100 - less than 500 lbs | Felony | 6* - 30 years | $ 15,000 |
| * Mandatory minimum sentence | |||
Delivery | |||
| 14 g or less | Misdemeanor | 1 year or less | $ 2,500 |
| 14 g - 4 oz | Felony | 6 years or less | $ 10,000 |
| 4 oz - 25 lbs | Felony | 3* - 10 years | $ 10,000 |
| 25 - 100 lbs | Felony | 5* - 20 years | $ 15,000 |
| 100 - 500 lbs | Felony | 6* - 30 years | $ 15,000 |
| * Mandatory minimum sentence | |||
| Includes possession with intent to deliver | |||
| Includes manufacture | |||
Trafficking | |||
| 500 lbs or more | Felony | 10* - 40 years | $ 15,000 |
| * Mandatory minimum sentence | |||
Hash & Concentrates | |||
| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia | |||
| Possession with purpose to use | Misdemeanor | 1 year or less | $ 2,500 |
| Possession with purpose to grow | Felony | 6 years or less | $ 10,000 |
| Delivery of smoking paraphernalia to a minor at least 3 years younger | Misdemeanor | 1 year or less | $ 2,500 |
| Delivery of growing paraphernalia to a minor at least 3 years younger | Felony | 5* - 20 years | $ 15,000 |
| * Mandatory minimum sentence | |||
Penalty Details
Simple Possession:
Possession of less than 4 ounces of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.
Possession of between 1 ounce and less than 4 ounces by an offender who has had 2 or more previous drug convictions is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.
Possession of between 4 ounces and less than 10 pounds is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.
Possession of between 10 pounds and less than 25 pounds is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.
Possession of between 25 pounds and less than 100 pounds is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.
Possession by 100 pounds and less than 500 pounds is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.
See
- Arkansas Code 5-64-419(b)(5)
First time possession offenders may be sentenced to parole for a period of not less than one year, in lieu of jail time.
See
- Arkansas Code 5-64-413
A second or subsequent conviction will result in a doubled penalty.
See
- Arkansas Code 5-64-408
Possession with Intent to Deliver
Possession of up to 14 g (1/2 Oz) of marijuana with the intent to deliver it to an another individual is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.
Possession of between 14 g (1/2 Oz) and less than 4 ounces of marijuana with the intent to deliver it to an another individual is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.
Possession of between 4 ounces and less than 25 pounds of marijuana with the intent to deliver it to an another individual is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.
Possession of between 25 pounds and less than 100 pounds of marijuana with the intent to deliver it to an another individual is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.
Possession of between 100 pounds and less than 500 pounds of marijuana with the intent to deliver it to an another individual is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.
Possession with Intent to Distribute can be shown if the:
- Person possesses means to weigh and separate marijuana
- Person possesses a written record of drug transactions
- Marijuana is bagged separately to facilitate delivery
- Person possesses a firearm on their person
- Person possesses at least 2 other controlled substances in addition to the marijuana
- Any other proof that the individual was intending to deliver the marijuana can be shown
See
- Arkansas Code 5-64-436
A second or subsequent conviction will result in a doubled penalty.
See
- Arkansas Code 5-64-408
Delivery
Delivering 14g or less of marijuana to another individual, with or without remuneration, is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.
Delivering between 14g and less than 4 ounces of marijuana to another individual, with or without remuneration, is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.
Delivering between 4 ounces and less than 25 pounds of marijuana to another individual, with or without remuneration, is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.
Delivering between 25 pounds and less than 100 pounds of marijuana to another individual, with or without remuneration, is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.
Delivering between 100 pounds and less than 500 pounds of marijuana to another individual, with or without remuneration, is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.
See
- Arkansas Code 5-64-438
Delivering marijuana to a minor at least 3 years younger than the deliverer will result in a doubled penalty
See
- Arkansas Code 5-64-406 (b)
A second or subsequent conviction will result in a doubled penalty.
See
- Arkansas Code 5-64-408
Cultivation
Cultivation in Arkansas is punished as either simple possession or as possession with intent to deliver, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the "Simple Possession" and "Possession with Intent to Deliver" sections for further penalty details.
Manufacture
Manufacturing 14 g or less of marijuana is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.
Manufacturing between 14 g and 4 ounces of marijuana is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.
Manufacturing between 4 ounces and 25 pounds of marijuana is a Class C Felony, punishable by a mandatory 3 year minimum sentence, up to 10 years, and a fine not to exceed $10,000.
Manufacturing between 25 pounds and 100 pounds of marijuana is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.
Manufacturing 100 pounds or more of marijuana is a Class A Felony, punishable by a mandatory 6 year minimum sentence, up to 30 years, and a fine not to exceed $15,000.
See
- Arkansas Code 5-64-439
A second or subsequent conviction will result in a doubled penalty.
See
- Arkansas Code 5-64-408
Trafficking
Possessing 500pounds or more of marijuana is classified as trafficking and is a Class Y Felony, punishable by a mandatory minimum sentence of 10 years and a maximum of 40 years imprisonment.
See
- Arkansas Code 5-64-440
Hash & Concentrates
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.
See
- Arkansas Code § 5-64-101(17)
- Arkansas Code § 5-64-215
Paraphernalia
Possession with purpose to use paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.
Possession of growing paraphernalia is a Class D Felony, punishable by up to 6 years in prison and a fine of up to $10,000.
See
- Arkansas Code 5-64-443
Delivering of drug paraphernalia to a minor at least 3 years younger than the deliver is a Class A Misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.
Delivery during the course and in furtherance of a felony violation is a Class B Felony and punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.
Delivering of growing paraphernalia to a minor at least 3 years younger than the deliver is a Class B Felony, punishable by a mandatory 5 year minimum sentence, up to 20 years, and a fine not to exceed $15,000.
See
- Arkansas Code 5-64-444
A second or subsequent conviction will result in a doubled penalty.
See
- Arkansas Code 5-64-408
Miscellaneous
Whenever a person pleads guilty, nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances, or of any drug offense, in this state or any other state, the court having jurisdiction of such matter... shall prepare... an order to suspend the driving privileges of the person for six (6) months.
See
- Arkansas Code 27-16-915
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
Local Decriminalization
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Drugged Driving
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.
Hemp
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.
Continuing Legal Education
8/17/2020
